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MSPB: Credit Card Misuse Charges

MSPB: Credit Card Misuse Charges

Posted By
The Law Offices of Eric L. Pines, PLLC

One very serious situation for Federal employees are allegations that the
employee misused a government credit card.

The scenario that commonly arises usually involve a government credit card
or travel card holder who makes a purchase which is not authorized. Most
commonly, this type of discipline involves employees who allegedly purchase
a personal item using their government credit card. Other times, it involves
charges on a card or cash advances that exceed the pre-travel estimation.

In any of these cases, the Agency is not required to prove that you actually
intended to misuse the card – only that your use was not authorized.
For example, the MSPB upheld a 30 day suspension for a 17 year veteran
and supervisory employee who absent-mindedly used his government credit
card to purchase a set of tires for his POV.

“Misuse” cases are notoriously difficult for an employee to
overcome – particularly if they have notice of what types of purchases
may or may not be permitted. In one case, an employee’s removal
was sustained because he purchased a single tank of gas for his POV on
his government gasoline card.

Typically, the employee’s best chance in credit card misuse cases
lies in the Douglas Factors. When one employee showed that he had a long
and unblemished career, and his supervisor had condoned his use of a government
card to reimburse the employee for out-of-pocket travel expenses, the
MSPB mitigated the employee’s removal to a 30-day suspension.

If you have been charged with misuse of a government credit card, travel
card or gasoline card, you should consult with an attorney familiar with
the MSPB before proceeding. If you would like to consult with an attorney
at the Law Offices of Eric L. Pines, PLLC regarding your MSPB appeal or
disciplinary action, please contact the Firm today.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.